WHEN DOES FREEHOLD COVENANT RUN WITH LAND

Question 1

Definition

Answer 1

intagiable porperty right over another’s land

Question 2

how many aspects are there to covenants?

Answer 2

1) Benefit

2) burden

Question 3

when can benefit pass?

Answer 3

CL at 136 LPA express assignment in writing
s36 LPA can pass to named third party who existed at time of contract
In equity it can pass too

Question 4

Burden passes?

Answer 4

Only in equity

can pass indiredctly at CL but weak

Question 5

3 ways COMMON LAW benefit passes

Answer 5

1) Express assignment in writing with notice s136/56 (per)
2) Implied assignment - touches and concerns land (per)
3) Express/statutory annexation (prop)

Question 6

Case for implied assignment

Answer 6

P AND A SWIFT INVESTMENTS

• if current land owner benefits then it touches the land
• no contary agreement

Question 7

why is annexation prefferable to assignment?

Answer 7

creates property right

Question 8

key cases for annexation s78

Answer 8

ROGERS v HOSEGOOD
FEDERATED HOMES 1980
SMITH AND SNIPES HALL 19

Question 9

Rogers v Hosegoods

Answer 9

If it is land that benefit then annexation automatically passes with property

Question 10

Federated Homes

Answer 10

Must be stated contaray to s78 otherwise automatically passes
CRITISISED as doesnt need to meet any other critera

Question 11

Smith and Snipes Hall

Answer 11

• Held that upkeep of riverbank touched and concerned land
• No contary intentoion so according to s78 must pass
  DENNING DISSENTED

Question 12

Passing burden at CL

Answer 12

1) chain of indemnity

2) halsall v brizell

Question 13

Halsall v brizell

Answer 13

• if A wants use of shared driveway needs to pay upkeep

- B can get injunction if they dont

Question 14

Case for not passing burden at CL

Answer 14

RHONE v STEVENS

‘a person can only be liable to a contract they are party to/

Question 15

Burden passing at equity?

Answer 15

TULK v MOXHAY 1848

Question 16

principles of tulk v moxhay allowing burden to pass in equity

Answer 16

1) negative covenant
2) Benfit DT, which is proximate and identifiable
3) intended
4) is a properity right so must give notice in writing to successor

Question 17

Was FEDERATED HOMES a fundamental change to approach of law

Answer 17

NO
- only confirmed smith and snipes hall (coa)
Yes
- generous interpretation of s78 = creates property rights

RHONE v STEVENS had option to get rid of negative burdens instead of limiting them to equity, didnt want to remove property rights
PROPERTY LIKES TO BE CERTAIN

Question 18

Release from covenant?

Answer 18

s84 lpa
apply to land tribunal
obselete, obstructs reasonable use, consent or no longer of benefit